California Court of Appeal
People v. Gabriel, H035329
In a prosecution of defendant for various gang related offenses in two cases, trial court's conditions of probation are modified where: 1) when there is a discrepancy between the minute order and the oral pronouncement of judgment, the oral pronouncement controls, and as such, the written gang conditions must be modified to reflect the conditions orally imposed by the trial court; and 2) the word "suspect" is unconstitutionally vague, and thus, must be deleted from the written condition.
Appellate Information
- Decided 11/04/2010
- Published 11/04/2010
Judges
- Mihara
Court
- California Court of Appeal
Counsel
- For Appellant:
- Thomas M. Hartnett, Edmund G. Brown, Jr.